The CDC’s Order temporarily halted residential evictions to prevent further spread of COVID-19 in ALL jurisdictions of the United States through December 31, 2020. To invoke the CDS’s order, all tenants listed on the lease must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord. Tenants are still required to pay rent and follow all the other terms of their lease rules of the place where they live. Tenants may also still be evicted for reasons other than not paying rent or making a housing payment.
“Covered person” under the Order:
- Tenant, lessee, or resident of a residential property who provides to their landlord a declaration under penalty of perjury indicating that:
- The individual has used best efforts to obtain all available government assistance for rent or housing
- The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return),6 (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary7 out-of-pocket medical expenses
- the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
- eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.
CDC imposed criminal penalties for violations of the Order. a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law. Organizations are also facing criminal and monetary penalties for violating this Order.